BL-Chapt15 - Print Chapter Page 1 of 21 The Statute of...

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The Statute of Frauds – Writing Requirement Chapter Introduction 15-1 The Origins of the Statute of Frauds 15-2 Contracts That Fall within the Statute of Frauds 15-2a Contracts Involving Interests in Land 15-2b The One-Year Rule 15-2c Collateral Promises 15-2d Promises Made in Consideration of Marriage 15-2e Contracts for the Sale of Goods 15-2f Exceptions to the Applicability of the Statute of Frauds 15-3 Sufficiency of the Writing 15-3a What Constitutes a Writing? 15-3b What Must Be Contained in the Writing? 15-4 The Parol Evidence Rule 15-4a Exceptions to the Parol Evidence Rule 15-4b Integrated Contracts 15-5 The Statute of Frauds in the International Context Chapter Recap Page 1 of 21 Print Chapter 2010-8-30 ..
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Chapter Introduction As discussed in Chapter 14, a contract that is otherwise valid may still be unenforceable if the parties have not voluntarily consented to its terms. An otherwise valid contract may also be unenforceable for another reason–because it is not in the proper form. For example, certain types of contracts are required to be in writing or evidenced by a memorandum, note, or electronic record. The writing requirement does not mean that an agreement must be a formal written contract. All that is necessary is some written proof that a contract exists, such as an e- mail exchange evidencing the agreement. Under what is called the Statute of Frauds , certain agreements are required by law to be in writing. If there is no written evidence of the contract, it may not be enforceable. In this chapter, we examine the kinds of contracts that require a writing under the Statute of Frauds and some exceptions to the writing requirement. We also discuss the parol evidence rule , which courts follow when determining whether evidence that is extraneous, or external, to written contracts may be admissible at trial. Though not inherently related to the Statute of Frauds, the parol evidence rule has general application in contract law. We cover these topics within one chapter primarily for reasons of convenience and space. Page 2 of 21 Print Chapter 2010-8-30 ..
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15-1 The Origins of the Statute of Frauds Law Flix: Midnight Run: Liability: Contract Negotiation, Formation, Statute of Frauds At early common law, parties to a contract were not allowed to testify. This led to the practice of hiring third party witnesses. As early as the seventeenth century, the English recognized the many problems presented by this practice and enacted a statute to help deal with it. The statute, passed by the English Parliament in 1677, was known as "An Act for the Prevention of Frauds and Perjuries." The act established that certain types of contracts, to be enforceable, had to be evidenced by a writing and signed by the party against whom enforcement was sought. Today, every state has a statute, modeled after the English act, that stipulates what types of contracts must be in writing or evidenced by a
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This note was uploaded on 10/12/2011 for the course ACCT 362 taught by Professor Mint during the Fall '11 term at CUNY Queens.

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BL-Chapt15 - Print Chapter Page 1 of 21 The Statute of...

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